THE NATIONAL MEDICAL COMMISSION ACT, 2019 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 
THE NATIONAL MEDICAL COMMISSION 

3.  Constitution of National Medical Commission. 
4.  Composition of Commission. 
5.  Search Committee for appointment of Chairperson and Members. 
6.  Term of office and conditions of service of Chairperson and Members. 
7.  Removal of Chairperson and Member of Commission. 
8.  Appointment of Secretary, experts, professionals, officers and other employees of Commission. 
9.  Meetings, etc., of Commission. 
10.  Powers and functions of Commission. 

CHAPTER III 
THE MEDICAL ADVISORY COUNCIL 

11.  Constitution and composition of Medical Advisory Council. 
12.  Functions of Medical Advisory Council. 
13.  Meetings of Medical Advisory Council. 

CHAPTER IV 
NATIONAL EXAMINATION 

14.  National Eligibility cum-Entrance Test. 
15.  National Exit Test. 

CHAPTER V 
AUTONOMOUS BOARDS 

16.  Constitution of Autonomous Boards. 
17.  Composition of Autonomous Boards. 
18.  Search Committee for appointment of President and Members. 
19.  Term of office and conditions of service of President and Members. 
20.  Advisory committees of experts. 
21.  Staff of Autonomous Boards. 
22.  Meetings, etc., of Autonomous Boards. 

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SECTIONS 

23.  Powers of Autonomous Boards and delegation of powers. 
24.  Powers and functions of Under-Graduate Medical Education Board. 
25.  Powers and functions of Post-Graduate Medical Education Board. 
26.  Powers and functions of Medical Assessment and Rating Board. 
27.  Powers and functions of Ethics and Medical Registration Board. 
28.  Permission for establishment of new medical college. 
29.  Criteria for approving or disapproving scheme. 
30.  State Medical Councils. 
31.  National Register and State Register. 
32.  Community Health Provider. 
33.  Rights of persons to have licence to practice and to be enrolled in National Register or State 

Register and their obligations thereto. 

34.  Bar to practice. 

CHAPTER VI 
RECOGNITION OF MEDICAL QUALIFICATIONS 

35.  Recognition of medical qualifications granted by Universities or medical institutions in India. 
36.  Recognition of medical qualifications granted by medical institutions outside India. 
37.  Recognition of medical qualifications granted by statutory or other body in India. 
38.  Withdrawal of recognition granted to medical qualification granted by medical institutions in 

India. 

39.  Derecognition of medical qualifications granted by medical institutions outside India. 
40.  Special provision in certain cases for recognition of medical qualifications. 

CHAPTER VII 
GRANTS, AUDIT AND ACCOUNTS 

41.  Grants by Central Government. 
42.  National Medical Commission Fund. 
43.  Audit and accounts. 
44.  Furnishing of returns and reports to Central Government. 

CHAPTER VIII 
MISCELLANEOUS 

45.  Power of Central Government to give directions to Commission and Autonomous Boards. 
46.  Power of Central Government to give directions to State Governments. 
47.  Information to be furnished by Commission and publication thereof. 
48.  Obligation of universities and medical institutions. 
49.  Completion of courses of studies in medical institutions. 
50.  Joint sittings of Commission, Central Councils of Homoeopathy and Indian medicine to enhance 

interface between their respective systems of medicine. 

51.  State Government to promote primary healthcare in rural areas. 
52.  Chairperson, Members, officers of Commission and of Autonomous Boards to be public servants. 

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SECTIONS 

53.  Protection of action taken in good faith. 
54.  Cognizance of offences. 
55.  Power of Central Government to supersede Commission. 
56.  Power to make rules. 
57.  Power to make regulations. 
58.  Rules and regulations to be laid before Parliament. 
59.  Power to remove difficulties. 
60.  Repeal and saving. 
61.  Transitory provisions. 

THE SCHEDULE 

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THE NATIONAL MEDICAL COMMISSION ACT, 2019 

ACT NO. 30 OF 2019 

[8th August, 2019.]  

An Act to provide for a medical education system that improves access to quality and affordable 
medical education, ensures availability of adequate and high quality medical professionals in 
all  parts  of  the  country;  that  promotes  equitable  and  universal  healthcare  that  encourages 
community health perspective and makes services of medical professionals accessible to all 
the  citizens;  that  promotes  national  health  goals;  that  encourages  medical  professionals  to 
adopt latest medical research in their work and to contribute to research; that has an objective 
periodic and transparent assessment of medical institutions and facilitates maintenance of a 
medical  register  for  India  and  enforces  high  ethical  standards  in  all  aspects  of  medical 
services; that is flexible to adapt to changing needs and has an effective grievance redressal 
mechanism and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  National  Medical 

Commission Act, 2019. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official  Gazette, appoint, and  different  dates  may  be  appointed  for  different  provisions of this  Act and 
any reference in any such provision to the commencement of this Act shall be construed as a reference to 
the coming into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Autonomous Board” means any of the Autonomous Boards constituted under section 16; 

(b) “Chairperson” means the Chairperson of the National Medical Commission appointed under 

section 5; 

(c) “Commission” means the National Medical Commission constituted under section 3; 

(d) “Council” means the Medical Advisory Council constituted under section 11; 

(e) “Ethics and Medical Registration Board” means the Board constituted under section 16; 

(f)  “health  University”  means  a  University  specialised  in  affiliating  institutions  engaged  in 
teaching medicine, medical and health sciences and includes a medical University and University of 
health sciences; 

(g) “licence” means a licence to practice medicine granted under sub-section (1) of section 33; 

(h) “Medical Assessment and Rating Board” means the Board constituted under section 16; 

1.  2nd  September,  2019—Sections  3,  4,  5,  6,  8,  11,  16,  17,  18,  19,  56  and  57,  vide  notification No.  S.O.  3162(E),  dated  2nd 
September, 2019, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 
   25th  September,  2020—all  the  remaining  provisions,  vide  notification  No.  S.O.  3262(E),  dated  24th  September,  2020,  see 
Gazette of India, Extraordinary, Part II, sec. 3, Sub-section(ii) . 

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(i)  “medical  institution”  means  any  institution  within  or  outside  India  which  grants  degrees, 

diplomas or licences in medicine and include affiliated colleges and deemed to be Universities; 

(j)  “medicine”  means  modern  scientific  medicine  in  all  its  branches  and  includes  surgery  and 

obstetrics, but does not include veterinary medicine and surgery; 

(k) “Member” means a Member of the Commission appointed under section 5 and includes the 

Chairperson thereof; 

(l)  “National  Board  of  Examination”  means  the  body  registered  as  such  under  the  Societies 
Registration Act, 1860 (21 of 1860) which grants broad-speciality and super-speciality qualifications 
referred to in the Schedule; 

(m) “National Register” means a National Medical Register maintained by the Ethics and Medical 

Registration Board under section 31; 

(n) “notification” means notification published in the Official Gazette and the expression “notify” 

shall be construed accordingly; 

(o) “Post-Graduate Medical Education Board” means the Board constituted under section 16; 

(p) “prescribed” means prescribed by rules made under this Act; 

(q) “President” means the President of an Autonomous Board appointed under section 18; 

(r) “recognised medical qualification” means a medical qualification recognised under section 35 

or section 36 or section 37 or section 40, as the case may be; 

(s) “regulations” means the regulations made by the Commission under this Act; 

(t) “Schedule” means the Schedule to this Act; 

(u)  “State  Medical  Council”  means  a  medical  council  constituted  under  any  law  for  the  time 
being  in  force  in  any  State  or  Union  territory  for  regulating  the  practice  and  registration  of 
practitioners of medicine in that State or Union territory; 

(v) “State Register” means a register maintained under any law for the time being in force in any 

State or Union territory for registration of practitioners of medicine; 

(w) “Under-Graduate Medical Education Board” means the Board constituted under section 16; 

(x)  “University”  shall  have  the  same  meaning  as  assigned  to  it in  clause  (f)  of section  2  of  the 

University Grants Commission Act, 1956 (3 of 1956) and includes a health University. 

CHAPTER II 

THE NATIONAL MEDICAL COMMISSION 

3. Constitution of National Medical Commission.—(1) The Central Government shall constitute a 
Commission, to be known as the National Medical Commission, to exercise the powers conferred upon, 
and to perform the functions assigned to it, under this Act. 

(2) The  Commission  shall be  a  body  corporate  by  the  name  aforesaid,  having  perpetual  succession 
and  a  common  seal,  with  power,  subject  to  the  provisions  of  this  Act,  to  acquire,  hold  and  dispose  of 
property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 

(3) The head office of the Commission shall be at New Delhi. 

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4. Composition of Commission.—(1) The Commission shall consist of the following persons to be 

appointed by the Central Government, namely:— 

(a) a Chairperson; 

(b) ten ex officio Members; and 

(c) twenty-two part-time Members. 

(2)  The  Chairperson  shall  be  a  medical  professional  of  outstanding  ability,  proven  administrative 
capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any 
University  and  having  experience  of  not  less  than  twenty  years  in the  field  of medical  sciences,  out of 
which at least ten years shall be as a leader in the area of medical education. 

(3) The following persons shall be the ex officio Members of the Commission, namely:— 

(a) the President of the Under-Graduate Medical Education Board; 

(b) the President of the Post-Graduate Medical Education Board; 

(c) the President of the Medical Assessment and Rating Board; 

(d) the President of the Ethics and Medical Registration Board; 

(e) the Director General of Health Services, Directorate General of Health Services, New Delhi; 

(f) the Director General, Indian Council of Medical Research; 

(g)  a  Director  of  any  of  the  All  India  Institutes  of  Medical  Sciences,  to  be  nominated  by  the 

Central Government; 

(h) two persons from amongst the  Directors of Postgraduate Institute of Medical Education and 
Research,  Chandigarh;  Jawaharlal  Institute  of  Postgraduate  Medical  Education  and  Research, 
Puducherry;  Tata  Memorial  Hospital,  Mumbai;  North  Eastern  Indira  Gandhi  Regional  Institute  of 
Health  and  Medical  Sciences,  Shillong;  and  All  India  Institute  of  Hygiene  and  Public  Health, 
Kolkata; to be nominated by the Central Government; and 

(i)  one  person  to  represent  the  Ministry  of  the  Central  Government  dealing  with  Health  and 
Family  Welfare,  not  below  the  rank  of  Additional  Secretary  to  the  Government  of  India,  to  be 
nominated by that Ministry. 

(4) The following persons shall be appointed as part-time Members of the Commission, namely:— 

(a) three Members to be appointed from amongst persons of ability, integrity and standing, who 
have  special  knowledge  and  professional  experience  in  such  areas  including  management,  law, 
medical  ethics,  health  research,  consumer  or  patient  rights  advocacy,  science  and  technology  and 
economics; 

(b) ten Members to be appointed on rotational basis from amongst the nominees of the States and 
Union territories, under clauses (c) and (d) of sub-section (2) of section 11, in the Medical Advisory 
Council for a term of two years in such manner as may be prescribed; 

(c) nine members to be appointed from amongst the nominees of the States and Union territories, 
under clause (e) of sub-section (2) of section 11, in the Medical Advisory Council for a term of two 
years in such manner as may be prescribed. 

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Explanation.—For the purposes of this section and section 17, the term “leader” means the Head 

of a Department or the Head of an organisation. 

5.  Search  Committee  for  appointment  of  Chairperson  and  Members.—(1)  The  Central 
Government shall appoint the Chairperson, part-time Members referred to in clause (a) of sub-section (4) 
of  section  4  and  the  Secretary  referred  to  in  section  8  on  the  recommendation  of  a  Search  Committee 
consisting of— 

(a) the Cabinet Secretary—Chairperson; 

(b)  three  experts,  possessing  outstanding  qualifications  and  experience  of  not  less  than  twenty-
five  years  in  the  field  of  medical  education,  public  health  education  and  health  research,  to  be 
nominated by the Central Government— Members; 

(c) one expert, from amongst the part-time Members referred to in clause (c) of sub-section (4) of 
section  4,  to  be  nominated  by  the  Central  Government  in  such  manner  as  may  be  prescribed—
Member; 

(d) one person, possessing outstanding qualifications and experience of not less than twenty-five 
years in the field of management or law or economics or science and technology, to be nominated by 
the Central Government—Member; and 

(e)  the  Secretary  to  the  Government  of  India  in  charge  of  the  Ministry  of  Health  and  Family 

Welfare, to be the Convenor—Member. 

(2)  The  Central  Government  shall,  within  one  month  from  the  date  of  occurrence  of  any  vacancy, 
including  by  reason  of  death,  resignation  or  removal  of  the  Chairperson  or  a  Member,  or  within  three 
months  before  the  end  of  tenure  of  the  Chairperson  or  Member,  make  a  reference  to  the  Search 
Committee for filling up of the vacancy. 

(3) The Search Committee shall recommend a panel of at least three names for every vacancy referred 

to it. 

(4)  The  Search  Committee  shall,  before  recommending  any  person  for  appointment  as  the 
Chairperson or a Member of the Commission, satisfy itself that such person does not have any financial 
or other interest which is likely to affect prejudicially his functions as such Chairperson or Member. 

(5) No appointment of the Chairperson or Member shall be invalid merely by reason of any vacancy 

or absence of a Member in the Search Committee. 

(6) Subject to the provisions of sub-sections (2) to (5), the Search Committee may regulate its own 

procedure. 

6. Term of office and conditions of service of Chairperson and Members.—(1) The Chairperson 
and  the  part-time  Members,  other  than  the  part-time  Members  appointed  under  clauses  (b)  and  (c)  of  
sub-section (4) of section 4, shall hold office for a term not exceeding four years and shall not be eligible 
for any extension or re-appointment: 

Provided that such person shall cease to hold office after attaining the age of seventy years. 

(2) The term of office of an ex officio Member shall continue as long as he holds the office by virtue 

of which he is such Member. 

(3)  Where  a  Member,  other  than  an  ex  officio  Member,  is  absent  from  three  consecutive  ordinary 
meetings of the Commission and the cause of such absence is not attributable to any valid reason in the 
opinion of the Commission, such Member shall be deemed to have vacated the seat. 

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(4)  The  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the 

Chairperson and Member, other than an ex officio Member, shall be such as may be prescribed. 

(5) The Chairperson or a Member may,— 

(a) relinquish his office by giving in writing to the Central Government a notice of not less than 

three months; or 

(b) be removed from his office in accordance with the provisions of section 7: 

Provided  that  such  person  may  be  relieved  from  duties  earlier  than  three  months  or  be  allowed  to 

continue beyond three months until a successor is appointed, if the Central Government so decides. 

(6) The Chairperson and every member of the Commission shall make declaration of his assets and 
his liabilities at the time of entering upon his office and at the time of demitting his office and also declare 
his  professional  and  commercial  engagement  or  involvement  in  such  form  and  manner  as  may  be 
prescribed, and such declaration shall be published on the website of the Commission. 

(7) The Chairperson or a Member, ceasing to hold office as such, shall not accept, for a period of two 
years from the date of demitting such office, any employment, in any capacity, including as a consultant 
or an expert, in any private medical institution, whose matter has been dealt with by such Chairperson or 
Member, directly or indirectly: 

Provided  that  nothing  herein  shall  be  construed  as  preventing  such  person  from  accepting  an 
employment  in  a  body  or  institution,  including  medical  institution,  controlled  or  maintained  by  the 
Central Government or a State Government: 

Provided  further  that  nothing  herein  shall  prevent  the  Central  Government  from  permitting  the 
Chairperson or a Member to accept any employment in any capacity, including as a consultant or expert 
in any private medical institution whose matter has been dealt with by such Chairperson or Member. 

7. Removal of Chairperson and Member of Commission.—(1) The Central Government may, by 

order, remove from office the Chairperson or any other Member, who— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a Member; or 

(d) is of unsound mind and stands so declared by a competent court; or 

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a Member; or 

(f) has so abused his position as to render his continuance in office prejudicial to public interest. 

(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given 

a reasonable opportunity of being heard in the matter. 

8.  Appointment  of  Secretary,  experts,  professionals,  officers  and  other  employees  of 
Commission.—(1) There  shall  be  a  Secretariat  for  the  Commission  to  be  headed  by  a  Secretary,  to  be 
appointed by the Central Government in accordance with the provisions of section 5. 

(2)  The  Secretary  of  the  Commission  shall  be  a  person  of  proven  administrative  capacity  and 

integrity, possessing such qualifications and experience as may be prescribed. 

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(3) The Secretary shall be appointed by the Central Government for a term of four years and shall not 

be eligible for any extension or re-appointment. 

(4)  The  Secretary  shall  discharge  such  functions  of  the  Commission  as  are  assigned  to  him  by  the 

Commission and as may be specified by regulations made under this Act. 

(5)  The  Commission  may,  for  the  efficient  discharge  of  its  functions  under  this  Act,  appoint  such 
officers  and  other  employees,  as  it  considers  necessary,  against  the  posts  created  by  the  Central 
Government. 

(6)  The  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of,  the 

Secretary, officers and other employees of the Commission shall be such as may be prescribed. 

(7)  The  Commission  may  engage,  in  accordance  with  the  procedure  specified  by  regulations,  such 
number of experts and professionals of integrity and outstanding ability, who have special knowledge of, 
and experience in such fields, including medical education, public health, management, health economics, 
quality  assurance,  patient  advocacy,  health  research,  science  and  technology,  administration,  finance, 
accounts and law, as it deems necessary, to assist the Commission in the discharge of its functions under 
this Act. 

9.  Meetings,  etc.,  of  Commission.—(1) The  Commission  shall  meet  at  least  once  every  quarter  at 

such time and place as may be appointed by the Chairperson. 

(2)  The  Chairperson  shall  preside  at  the  meeting  of  the  Commission,  and  if,  for  any  reason,  the 
Chairperson is unable to attend a meeting of the Commission, any other Member, being the President of 
an Autonomous Board, nominated by the Chairperson, shall preside at the meeting. 

(3) Unless the procedure to be followed at the meetings of the Commission is otherwise provided by 
regulations, one-half of the total number of Members of the Commission including the Chairperson shall 
constitute the quorum and all the acts of the Commission shall be decided by a majority of the members, 
present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President 
of the Autonomous Board nominated under sub-section (2), shall have the casting vote. 

(4) The general superintendence, direction and control of the administration of the Commission shall 

vest in the Chairperson. 

(5) No act done by the Commission shall be questioned on the ground of the existence of a vacancy 

in, or a defect in the constitution of, the Commission. 

(6) A person who is aggrieved by any decision of the Commission except the decision rendered under 
sub-section (4) of section 30 may prefer an appeal to the Central Government against such decision within 
thirty days of the communication of such decision. 

10.  Powers  and  functions  of  Commission.—(1)  The  Commission  shall  perform  the  following 

functions, namely:— 

(a) lay down policies for maintaining a high quality and high standards in medical education and 

make necessary regulations in this behalf; 

(b)  lay  down  policies  for  regulating  medical  institutions,  medical  researches  and  medical 

professionals and make necessary regulations in this behalf; 

(c)  assess  the  requirements  in  healthcare,  including  human  resources  for  health  and  healthcare 

infrastructure and develop a road map for meeting such requirements; 

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(d)  promote,  co-ordinate  and  frame  guidelines  and  lay  down  policies  by  making  necessary 
regulations  for  the  proper  functioning  of  the  Commission,  the  Autonomous  Boards  and  the  State 
Medical Councils; 

(e) ensure co-ordination among the Autonomous Boards; 

(f) take such measures, as may be necessary, to ensure compliance by the State Medical Councils 
of the guidelines framed and regulations made under this Act for their effective functioning under this 
Act; 

(g) exercise appellate jurisdiction with respect to the decisions of the Autonomous Boards; 

(h) lay down policies and codes to ensure observance of professional ethics in medical profession 

and to promote ethical conduct during the provision of care by medical practitioners; 

(i) frame guidelines for determination of fees and all other charges in respect of fifty per cent. of 
seats  in  private  medical  institutions  and  deemed  to  be  universities  which  are  governed  under  the 
provisions of this Act; 

(j) exercise such other powers and perform such other functions as may be prescribed. 

(2)  All  orders  and  decisions  of  the  Commission  shall  be  authenticated  by  the  signature  of  the 

Secretary. 

(3)  The  Commission  may  delegate  such  of  its  powers  of  administrative  and  financial  matters,  as  it 

deems fit, to the Secretary. 

(4)  The  Commission  may  constitute  sub-committees  and  delegate  such  of  its  powers  to  such  

sub-committees as may be necessary to enable them to accomplish specific tasks. 

CHAPTER III 

THE MEDICAL ADVISORY COUNCIL 

11.  Constitution  and  composition  of  Medical  Advisory  Council.—(1)  The  Central  Government 

shall constitute an advisory body to be known as the Medical Advisory Council. 

(2) The Council shall consist of a Chairperson and the following members, namely:— 

(a) the Chairperson of the Commission shall be the ex officio Chairperson of the Council; 

(b) every member of the Commission shall be the ex officio members of the Council; 

(c) one member to represent each State, who is the Vice-Chancellor of a health University in that 

State, to be nominated by that State Government; 

(d)  one  member  to  represent  each  Union  territory,  who  is  the  Vice-Chancellor  of  a  health 
University  in  that  Union  territory,  to  be  nominated  by  the  Ministry  of  Home  Affairs  in  the 
Government of India; 

(e) one member to represent each State and each Union territory from amongst elected members 

of the State Medical Council, to be nominated by that State Medical Council; 

(f) the Chairman, University Grants Commission; 

(g) the Director, National Assessment and Accreditation Council; 

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(h) four members to be nominated by the Central Government from amongst persons holding the 
post  of  Director  in  the  Indian  Institutes  of  Technology,  Indian  Institutes  of  Management  and  the 
Indian Institute of Science: 

Provided that if there is no health University in any State or Union territory, the Vice-Chancellor 
of  a  University  within  that  State  or  Union  territory  having  the  largest  number  of  medical  colleges 
affiliated to it shall be nominated by the State Government or by the Ministry of Home Affairs in the 
Government of India: 

Provided  further  that  if  there  is  no  University  in  any  Union  territory,  the  Ministry  of  Home 
Affairs shall nominate a member who possesses such medical qualification and experience as may be 
prescribed. 

12.  Functions  of  Medical  Advisory  Council.—(1)  The  Council  shall  be  the  primary  platform 
through  which  the  States  and  Union  territories  may  put  forth  their  views  and  concerns  before  the 
Commission and help in shaping the overall agenda, policy and action relating to medical education and 
training. 

(2)  The  Council  shall  advise  the  Commission  on  measures  to  determine  and  maintain,  and  to  
co-ordinate maintenance of, the minimum standards in all matters relating to medical education, training 
and research. 

(3)  The  Council  shall  advise  the  Commission  on  measures  to  enhance  equitable  access  to  medical 

education. 

13.  Meetings  of  Medical  Advisory  Council.—(1)  The  Council  shall  meet  at  least  twice  a  year  at 

such time and place as may be decided by the Chairperson. 

(2) The Chairperson shall preside at the meeting of the Council and if for any reason the Chairperson 
is unable to attend a meeting of the Council, such other member as nominated by the Chairperson shall 
preside over the meeting. 

(3) Unless the procedure is otherwise provided by regulations, fifty per cent. of the members of the 
Council including the Chairperson shall form the quorum and all acts of the Council shall be decided by a 
majority of the members present and voting. 

CHAPTER IV 

NATIONAL EXAMINATION 

14.  National  Eligibility  cum-Entrance  Test.—(1)  There  shall  be  a  uniform  National  Eligibility-
cum-Entrance  Test  for  admission  to  the  undergraduate  and  postgraduate  super-speciality  medical 
education in all medical institutions which are governed by the provisions of this Act: 

Provided that the uniform National Eligibility-cum-Entrance Test for admission to the undergraduate 
medical education shall also be applicable to all medical institutions governed under any other law for the 
time being in force. 

(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such 
other  languages,  through  such  designated  authority  and  in  such  manner,  as  may  be  specified  by 
regulations. 

(3) The Commission shall specify by regulations the manner  of conducting common counselling by 
the designated authority for admission to undergraduate and postgraduate super-speciality seats in all the 
medical institutions which are governed by the provisions of this Act: 

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Provided  that  the  designated  authority  of  the  Central  Government  shall  conduct  the  common 
counselling  for  all  India  seats  and  the  designated  authority  of  the  State  Government  shall  conduct  the 
common counselling for the seats at the State level. 

15. National Exit Test.—(1) A common final year undergraduate medical examination, to be known 
as the National Exit Test shall be held for granting licence to practice medicine as medical practitioners 
and for enrolment in the State Register or the National Register, as the case may be. 

(2) The  Commission shall conduct the  National  Exit Test  through  such  designated  authority  and in 

such manner as may be specified by regulations. 

(3) The National Exit Test shall become operational on such date, within three years from the date of 

commencement of this Act, as may be appointed by the Central Government, by notification. 

(4) Any person with a foreign medical qualification shall have to qualify National Exit Test for the 
purpose of obtaining licence to practice medicine as medical practitioner and for enrolment in the State 
Register or the National Register, as the case may be, in such manner as may be specified by regulations. 

(5)  The  National  Exit  Test  shall  be  the  basis  for  admission  to  the  postgraduate  broad-speciality 
medical education in medical institutions which are governed under the provisions of this Act or under 
any  other  law  for  the  time  being  in  force  and  shall  be  done  in  such  manner  as  may  be  specified  by 
regulations. 

(6) The Commission shall specify by regulations the manner of conducting common counselling by 
the  designated  authority  for  admission  to  the  postgraduate  broad-speciality  seats  in  the  medical 
institutions referred to in sub-section (5): 

Provided  that  the  designated  authority  of  the  Central  Government  shall  conduct  the  common 
counselling  for  All  India  seats  and  the  designated  authority  of  the  State  Government  shall  conduct  the 
common counselling for the seats at the State level. 

CHAPTER V 

AUTONOMOUS BOARDS 

16.  Constitution  of  Autonomous  Boards.—(1)  The  Central  Government  shall,  by  notification, 
constitute  the  following  Autonomous  Boards,  under  the  overall  supervision  of  the  Commission,  to 
perform the functions assigned to such Boards under this Act, namely:— 

(a) the Under-Graduate Medical Education Board; 

(b) the Post-Graduate Medical Education Board; 

(c) the Medical Assessment and Rating Board; and 

(d) the Ethics and Medical Registration Board. 

(2) Each Board referred to in sub-section (1) shall be an autonomous body which shall carry out its 

functions under this Act subject to the regulations made by the Commission. 

17. Composition of Autonomous Boards.—(1) Each Autonomous Board shall consist of a President 

and two whole-time Members and two part-time Members. 

(2) The President of each Autonomous Board, three Members (including one part-time Member) of 
the Under-Graduate Medical Education Board and the Post-Graduate Medical Education Board, and two 
Members (including one part-time Member) each of the Medical Assessment and Rating Board and the 
Ethics  and  Medical  Registration  Board  shall  be  persons  of  outstanding  ability,  proven  administrative 

12 

 
capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any 
University and having experience of not less than fifteen years in such field, out of which at least seven 
years shall be as a leader in the area of medical education, public health, community medicine or health 
research. 

(3) The third Member of the Medical Assessment and Rating Board shall be a person of outstanding 
ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality 
assurance,  law  or  science  and  technology  from  any  University,  having  not  less  than  fifteen  years’ 
experience in such field, out of which at least seven years shall be as a leader. 

(4) The third Member of the Ethics and Medical Registration Board shall be a person of outstanding 
ability who has demonstrated public record of work on medical ethics or a person of  outstanding ability 
possessing  a  postgraduate  degree  in  any  of  the  disciplines  of  quality  assurance,  public  health,  law  or 
patient advocacy from any University and having not less than fifteen years’ experience in such field, out 
of which at least seven years shall be as a leader. 

(5) The fourth Member of each Autonomous Boards, being a part-time Member, shall be chosen from 

amongst the elected Members of the State Medical Council in such manner as may be prescribed. 

18.  Search  Committee  for  appointment  of  President  and  Members.—The  Central  Government 
shall  appoint  the  President  and  Members  of  the  Autonomous  Boards,  except  Members  referred  to  in  
sub-section (5) of section 17, on the recommendations made by the Search Committee constituted under 
section 5 in accordance with the procedure specified in that section. 

19. Term of office and conditions of service of President and Members.—(1) The President and 
Members (other than part-time Members) of each Autonomous Board shall hold the office for a term not 
exceeding four years and shall not be eligible for any extension or re-appointment: 

Provided that part-time Members of each Autonomous Board shall hold the office for a term of two 

years: 

Provided further that a Member shall cease to hold office after attaining the age of seventy years. 

(2) The salaries and allowances payable to, and other terms and conditions of service of the President 
and  Members  (other  than  part-time  Members)  of  an  Autonomous  Board  shall  be  such  as  may  be 
prescribed: 

Provided that part-time Members of each Autonomous Board shall be entitled for such allowances as 

may be prescribed. 

(3) The provisions  of  sub-sections  (3),  (5),  (6),  (7)  and  (8)  of  section  6  relating  to  other terms  and 
conditions  of  service  of,  and  section  7  relating  to  removal  from  the  office  of,  the  Chairperson  and 
Members of the Commission shall also be applicable to the President and Members of the Autonomous 
Boards. 

20. Advisory committees of experts.—(1) Each Autonomous Board, except the Ethics and Medical 
Registration Board, shall be assisted by such advisory committees of experts as may be constituted by the 
Commission for the efficient discharge of the functions of such Boards under this Act. 

(2) The Ethics and Medical Registration Board shall be assisted by such ethics committees of experts 
as may be constituted by the Commission for the efficient discharge of the functions of that Board under 
this Act. 

21.  Staff  of  Autonomous  Boards.—The  experts,  professionals,  officers  and  other  employees 
appointed under section 8 shall be made available to the Autonomous Boards in such number, and in such 
manner, as may be specified by regulations by the Commission. 

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22. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once 

a month at such time and place as it may appoint. 

(2) All decisions of the Autonomous Boards shall be made by majority of votes of the President and 

Members. 

(3)  Subject  to  the  provision  of  section  28,  a  person  who  is  aggrieved  by  any  decision  of  an 
Autonomous Board may prefer an appeal to the Commission against such decision within sixty days of 
the communication of such decision. 

23.  Powers  of  Autonomous  Boards  and  delegation  of  powers.—(1)  The  President  of  each 
Autonomous Board shall have such administrative and financial powers as may be delegated to it by the 
Commission to enable such Board to function efficiently. 

(2) The President of an Autonomous Board may further delegate any of his powers to a Member or an 

officer of that Board. 

24.  Powers  and  functions  of  Under-Graduate  Medical  Education  Board.—(1)  The  Under-

Graduate Medical Education Board shall perform the following functions, namely:— 

(a)  determine  standards  of  medical  education  at  undergraduate  level  and  oversee  all  aspects 

relating thereto; 

(b) develop competency based dynamic curriculum at undergraduate level in accordance with the 

regulations made under this Act; 

(c)  develop  competency  based  dynamic  curriculum  for  addressing  the  needs  of  primary  health 
services, community medicine and family medicine to ensure healthcare in such areas, in accordance 
with the provisions of the regulations made under this Act; 

(d)  frame  guidelines  for  setting  up  of  medical  institutions  for  imparting  undergraduate  courses, 
having regard to the needs of the country and the global norms, in accordance with the provisions of 
the regulations made under this Act; 

(e) determine the minimum requirements and standards for conducting courses and examinations 
for  undergraduates  in  medical  institutions,  having  regard  to  the  needs  of  creativity  at  local  levels, 
including designing of some courses by individual institutions, in accordance with the provisions of 
the regulations made under this Act; 

(f) determine standards and norms for infrastructure, faculty and quality of education in medical 
institutions  providing  undergraduate  medical  education  in  accordance  with  the  provisions  of  the 
regulations made under this Act; 

(g) facilitate development and training of faculty members teaching undergraduate courses; 

(h) facilitate research and the international student and faculty exchange programmes relating to 

undergraduate medical education; 

(i)  specify  norms  for  compulsory  annual  disclosures,  electronically  or  otherwise,  by  medical 
institutions, in respect of their functions that has a bearing on the interest of all stakeholders including 
students, faculty, the Commission and the Central Government; 

(j) grant recognition to a medical qualification at the undergraduate level. 

(2)  The  Under-Graduate  Medical  Education  Board  may,  in  the  discharge  of  its  duties,  make  such 

recommendations to, and seek such directions from, the Commission, as it deems necessary. 

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25.  Powers  and  functions  of  Post-Graduate  Medical  Education  Board.—(1)  The  Post-Graduate 

Medical Education Board shall perform the following functions, namely:— 

(a)  determine  the  standards  of  medical  education  at  the  postgraduate  level  and  super-speciality 

level in accordance with the regulations made under this Act and oversee all aspects relating thereto; 

(b)  develop  competency  based  dynamic  curriculum  at  postgraduate  level  and  super-speciality 
level in accordance with the regulations made under this Act, with a view to develop appropriate skill, 
knowledge,  attitude,  values  and  ethics  among  postgraduates  and  super-specialists  to  provide 
healthcare, impart medical education and conduct medical research; 

(c)  frame  guidelines  for  setting  up  of  medical  institutions  for  imparting  postgraduate  and  
super-speciality courses, having regard to the needs of the country and global norms, in accordance 
with the regulations made under this Act; 

(d)  determine  the  minimum  requirements  and  standards  for  conducting  postgraduate  and  
super-speciality courses and examinations in medical institution, in accordance with the regulations 
made under this Act; 

(e) determine standards and norms for infrastructure, faculty and quality of education in medical 
institutions  conducting  postgraduate and super-speciality  medical  education,  in  accordance  with the 
regulations made under this Act; 

(f) facilitate development and training of the faculty members teaching postgraduate and super-

speciality courses; 

(g) facilitate research and the international student and faculty exchange programmes relating to 

postgraduate and super-speciality medical education; 

(h)  specify  norms  for  compulsory  annual  disclosure,  electronically  or  otherwise,  by  medical 
institutions in respect of their functions that has a bearing on the interest of all stakeholders including 
students, faculty, the Commission and the Central Government; 

(i)  grant  recognition to  the  medical  qualifications  at the  postgraduate  level  and super-speciality 

level; 

(j) promote and facilitate postgraduate courses in family medicine. 

(2)  The  Post-Graduate  Medical  Education  Board  may,  in  the  discharge  of  its  functions,  make  such 

recommendations to, and seek such directions from, the Commission, as it deems necessary. 

26.  Powers  and  functions  of  Medical  Assessment  and  Rating  Board.—(1)  The  Medical 

Assessment and Rating Board shall perform the following functions, namely:— 

(a) determine the procedure for assessing and rating the medical institutions for their compliance 
with the standards laid down by the Under-Graduate Medical Education Board or the Post-Graduate 
Medical  Education  Board,  as  the  case  may  be,  in  accordance  with  the  regulations  made  under  this 
Act; 

(b) grant permission for establishment of a new medical institution, or to start any postgraduate 

course or to increase number of seats, in accordance with the provisions of section 28; 

(c)  carry  out  inspections  of  medical  institutions  for  assessing  and  rating  such  institutions  in 

accordance with the regulations made under this Act: 

15 

 
 
Provided  that  the  Medical  Assessment  and  Rating  Board  may,  if  it  deems  necessary,  hire  and 
authorise any other third party agency or persons for carrying out inspections of medical institutions 
for assessing and rating such institutions: 

Provided further that where inspection of medical institutions is carried out by such third party 
agency or persons authorised by the Medical Assessment and Rating Board, it shall be obligatory on 
such institutions to provide access to such agency or person; 

(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess 
and rate all medical institutions, within such period of their opening, and every year thereafter, at such 
time, and in such manner, as may be specified by the regulations; 

(e)  make  available  on  its  website  or  in  public  domain  the  assessment  and  ratings  of  medical 

institutions at regular intervals in accordance with the regulations made under this Act; 

(f)  take  such  measures,  including  issuing  warning,  imposition  of  monetary  penalty,  reducing 
intake  or  stoppage  of  admissions  and  recommending  to  the  Commission  for  withdrawal  of 
recognition,  against  a  medical  institution  for  failure  to  maintain  the  minimum  essential  standards 
specified by the Under-Graduate Medical Education Board or the Post-Graduate Medical Education 
Board, as the case may be, in accordance with the regulations made under this Act. 

(2)  The  Medical  Assessment  and  Rating  Board  may,  in  the  discharge  of  its  functions,  make  such 

recommendations to, and seek such directions from, the Commission, as it deems necessary. 

27. Powers and functions of Ethics and Medical Registration Board.—(1) The Ethics and Medical 

Registration Board shall perform the following functions, namely:— 

(a)  maintain  National  Registers  of  all  licensed  medical  practitioners  in  accordance  with  the 

provisions of section 31; 

(b) regulate professional conduct and promote medical ethics in accordance with the regulations 

made under this Act: 

Provided that the Ethics and Medical Registration Board shall ensure compliance of the code of 
professional  and  ethical  conduct  through  the  State  Medical  Council  in  a  case  where  such  State 
Medical Council has been conferred power to take disciplinary actions in respect of professional or 
ethical misconduct by medical practitioners under respective State Acts; 

(c) develop mechanisms to have continuous interaction with State Medical Councils to effectively 

promote and regulate the conduct of medical practitioners and professionals; 

(d)  exercise  appellate  jurisdiction  with  respect  to  the  actions  taken  by  a  State  Medical  Council 

under section 30. 

(2)  The  Ethics  and  Medical  Registration  Board  may,  in  the  discharge  of  its  duties,  make  such 

recommendations to, and seek such directions from, the Commission, as it deems necessary. 

28.  Permission  for  establishment  of  new  medical  college.—(1)  No  person  shall  establish  a  new 
medical  college  or  start  any  postgraduate  course  or  increase  number  of  seats  without  obtaining  prior 
permission of the Medical Assessment and Rating Board. 

(2) For the purposes of obtaining permission under sub-section (1), a person may submit a scheme to 
the  Medical  Assessment  and  Rating  Board  in  such  form,  containing  such  particulars,  accompanied  by 
such fee, and in such manner, as may be specified by the regulations. 

16 

 
 
(3)  The  Medical  Assessment  and  Rating  Board  shall,  having  due  regard  to  the  criteria  specified  in 
section  29,  consider  the  scheme  received  under  sub-section  (2)  and  either  approve  or  disapprove  such 
scheme within a period of six months from the date of such receipt: 

Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be 

given to the person concerned. 

(4) Where a scheme is approved under sub-section (3), such approval shall be the permission under 

sub-section (1) to establish new medical college. 

(5) Where a scheme is disapproved under sub-section (3), or where no  decision is taken within six 
months of submitting a scheme under sub-section (1), the person concerned may prefer an appeal to the 
Commission for approval of the scheme within fifteen days of such disapproval or, as the case may be, 
lapse of six months, in such manner as may be specified by the regulations. 

(6)  The  Commission  shall  decide  the  appeal  received  under  sub-section  (5)  within  a  period  of  
forty-five days from the date of receipt of the appeal and in case the Commission approves the scheme, 
such approval shall be the permission under sub-section (1) to establish a new medical college and in case 
the  Commission  disapproves  the  scheme,  or  fails  to  give  its  decision  within  the  specified  period,  the 
person  concerned  may  prefer  a  second  appeal  to  the  Central  Government  within  thirty  days  of 
communication of such disapproval or, as the case may be, lapse of specified period. 

(7)  The  Medical  Assessment  and  Rating  Board  may  conduct  evaluation  and  assessment  of  any 
medical institution at any time, either directly or through any other expert having integrity and experience 
of  medical  profession  and without  any  prior  notice  and  assess  and  evaluate  the  performance,  standards 
and benchmarks of such medical institution. 

Explanation.—For the purposes of this section, the term “person” includes a University, trust or any 

other association of persons or body of individuals, but does not include the Central Government. 

29. Criteria for approving or disapproving scheme.—While approving or disapproving a scheme 
under  section  28,  the  Medical  Assessment  and  Rating  Board,  or  the  Commission,  as  the  case  may  be, 
shall take into consideration the following criteria, namely:— 

(a) adequacy of financial resources; 

(b)  whether  adequate  academic  faculty  and  other  necessary  facilities  have  been  provided  to 
ensure proper functioning of medical college or would be provided within the time-limit specified in 
the scheme; 

(c)  whether  adequate  hospital  facilities  have  been  provided  or  would  be  provided  within  the  

time-limit specified in the scheme; 

(d) such other factors as may be prescribed: 

Provided  that,  subject  to  the  previous  approval  of  the  Central  Government,  the  criteria  may  be 
relaxed for the medical colleges which are set up in such areas as may be specified by the regulations. 

30.  State  Medical  Councils.—(1)  The  State  Government  shall,  within  three  years  of  the 
commencement of this Act, take necessary steps to establish a State Medical Council if no such Council 
exists in that State. 

(2) Where a State Act confers power upon the State Medical Council to take disciplinary actions in 
respect of any professional or ethical misconduct by a registered medical practitioner or professional, the 
State Medical Council shall act in accordance with the regulations made, and the guidelines framed, under 
this Act: 

17 

 
 
Provided  that  till  such  time  as  a  State  Medical  Council  is  established  in  a  State,  the  Ethics  and 
Medical  Registration  Board  shall  receive  the  complaints  and  grievances  relating  to  any  professional  or 
ethical  misconduct  against  a  registered  medical  practitioner  or  professional  in  that  State  in  accordance 
with such procedure as may be specified by the regulations: 

Provided  further  that  the  Ethics  and  Medical  Registration  Board  or,  as  the  case  may  be,  the  State 
Medical  Council  shall  give  an  opportunity  of  hearing  to  the  medical  practitioner  or  professional 
concerned before taking any action, including imposition of any monetary penalty against such person. 

(3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical 
Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against 
such  action,  and  the  decision,  if  any,  of  the  Ethics  and  Medical  Registration  Board  thereupon  shall  be 
binding on the State Medical Council, unless a second appeal is preferred under sub-section (4). 

(4) A medical practitioner or professional who is aggrieved by the decision of the Ethics and Medical 
Registration Board may prefer an appeal to the Commission within sixty days of communication of such 
decision. 

Explanation.—For the purposes of this Act,— 

(a) “State” includes Union territory and the expressions “State Government” and “State Medical 
Council”,  in  relation  to  a  Union  territory,  shall  respectively  mean  the  “Central  Government”  and 
“Union territory Medical Council”; 

(b)  the  expression  “professional  or  ethical  misconduct”  includes  any  act  of  commission  or 

omission as may be specified by the regulations. 

31.  National  Register  and  State  Register.—(1)  The  Ethics  and  Medical  Registration  Board  shall 
maintain a National Register containing the name, address, all recognised qualifications possessed by a 
licensed medical practitioner and such other particulars as may be specified by the regulations. 

(2)  The  National  Register  shall  be  maintained  in  such  form,  including  electronic  form,  in  such 

manner, as may be specified by the regulations. 

(3) The  manner  in  which  a  name  or  qualification  may  be  added  to,  or  removed  from,  the  National 

Register and the grounds for removal thereof, shall be such as may be specified by the regulations. 

(4) The National Register shall be a public document within the meaning of section 74 of the Indian 

Evidence Act, 1872 (1 of 1872). 

(5) The  National  Register shall  be  made  available to  the  public  by  placing  it  on  the  website  of  the 

Ethics and Medical Registration Board. 

(6)  Every  State  Medical  Council  shall  maintain  and  regularly  update  the  State  Register  in  the 
specified electronic format and supply a physical copy of the same to the Ethics and Medical Registration 
Board within three months of the commencement of this Act. 

(7) The Ethics and Medical Registration Board shall ensure electronic synchronisation of the National 
Register and the State Register in such a manner that any change in one register is automatically reflected 
in the other register. 

(8)  The  Ethics  and  Medical  Registration  Board  shall  maintain  a  separate  National  Register  in  such 
form, containing such particulars, including the name, address and all recognised qualifications possessed 
by  a  Community  Health  Provider  referred  to  in  section  32  in  such  manner  as  may  be  specified  by  the 
regulations. 

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32.  Community  Health  Provider.—(1)  The  Commission  may  grant  limited  licence  to  practice 
medicine  at  mid-level  as  Community  Health  Provider  to  such  person  connected  with  modern  scientific 
medical profession who qualify such criteria as may be specified by the regulations: 

Provided  that  the  number  of  limited  licence  to  be  granted  under  this  sub-section  shall  not  exceed  
one-third of the total number of licenced medical practitioners registered under sub-section (1) of section 
31. 

(2)  The  Community  Health  Provider  who  is  granted  limited  licences  under  sub-section  (1),  may 
practice medicine to such extent, in such circumstances and for such period, as may be specified by the 
regulations. 

(3) The Community Health Provider may prescribe specified medicine independently, only in primary 
and  preventive  healthcare, but  in cases  other than  primary  and  preventive  healthcare,  he  may  prescribe 
medicine  only  under  the  supervision  of  medical  practitioners  registered  under  sub-section  (1)  of  
section 31. 

33. Rights of persons to have licence to practice and to be enrolled in National Register or State 
Register and their obligations thereto.—(1) Any person who qualifies the National Exit Test held under 
section  15  shall  be  granted  a  licence  to  practice  medicine  and  shall  have  his  name  and  qualifications 
enrolled in the National Register or a State Register, as the case may be: 

Provided that a person who has been registered in the Indian Medical Register maintained under the 
Indian Medical Council Act, 1956 (102 of 1956) prior to the coming into force of this Act and before the 
National Exit Test becomes operational under sub-section (3) of section 15, shall be deemed to have been 
registered under this Act and be enrolled in the National Register maintained under this Act. 

(2) No person who has obtained medical qualification from a medical institution established in any 
country  outside  India  and  is  recognised  as  a  medical  practitioner  in  that  country,  shall,  after  the 
commencement  of  this  Act  and  the  National  Exit  Test  becomes  operational  under  sub-section  (3)  of 
section 15, be enrolled in the National Register unless he qualifies the National Exit Test. 

(3) When a person whose name is entered in the State Register or the National Register, as the case 
may  be,  obtains  any  title, diploma  or  other  qualification  for  proficiency  in  sciences  or  public  health  or 
medicine which is a recognised medical qualification under section 35 or section 36, as the case may be, 
he  shall  be  entitled  to  have  such  title,  diploma  or  qualification  entered  against  his  name  in  the  State 
Register  or  the  National  Register,  as  the  case  may  be,  in  such  manner  as  may  be  specified  by  the 
regulations. 

34. Bar to practice.—(1) No person other than a person who is enrolled in the State Register or the 

National Register, as the case may be, shall— 

(a) be allowed to practice medicine as a qualified medical practitioner; 

(b) hold office as a physician or surgeon or any other office, by whatever name called, which is 

meant to be held by a physician or surgeon; 

(c)  be  entitled  to  sign  or  authenticate  a  medical  or  fitness  certificate  or  any  other  certificate 

required by any law to be signed or authenticated by a duly qualified medical practitioner; 

(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 

of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to medicine: 

Provided  that  the  Commission  shall  submit  a  list  of  such  medical  professionals  to  the  Central 

Government in such manner as may be prescribed:  

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Provided  further  that  a  foreign  citizen  who  is  enrolled  in  his  country  as  a  medical  practitioner  in 
accordance  with  the  law  regulating  the  registration  of  medical  practitioners  in  that  country  may  be 
permitted temporary registration in India for such period and in such manner as may be specified by the 
regulations. 

(2)  Any  person  who  contravenes  any  of  the  provisions  of  this  section  shall  be  punished  with 
imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees 
or with both. 

CHAPTER VI 

RECOGNITION OF MEDICAL QUALIFICATIONS 

35.  Recognition  of  medical  qualifications  granted  by  Universities  or  medical  institutions  in 
India.—(1) The medical qualification granted by any University or medical institution in India shall be 
listed  and  maintained  by  the  Under-Graduate  Medical  Education  Board  or  the  Post-Graduate  Medical 
Education  Board,  as  the  case  may  be,  in  such  manner  as  may  be  specified  by  the  regulations and  such 
medical qualification shall be a recognised medical qualification for the purposes of this Act. 

(2) Any University or medical institution in India which grants an undergraduate or postgraduate or 
super-speciality medical qualification not included in the list maintained by the Under-Graduate Medical 
Education Board or the Post-Graduate Medical Education Board, as the case may be, may apply to that 
Board for granting recognition to such qualification. 

(3) The Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as 
the case may be, shall examine the application for grant of recognition to a medical qualification within a 
period of six months in such manner as may be specified by the regulations. 

(4)  Where  the  Under-Graduate  Medical  Education  Board  or  the  Post-Graduate  Medical  Education 
Board, as the case may be, decides to grant recognition to a medical qualification, it shall include such 
medical qualification in the list maintained by it and also specify the date of effect of such recognition. 

(5)  Where  the  Under-Graduate  Medical  Education  Board  or  the  Post-Graduate  Medical  Education 
Board, as the case may be, decides not to grant recognition to a medical qualification, the University or 
the medical institution concerned may prefer an appeal to the Commission for grant of recognition within 
sixty days of the communication of such decision, in such manner as may be specified by the regulations. 

(6) The Commission shall examine the appeal received under sub-section (5) within a period of two 
months and if it decides that recognition may be granted to such medical qualification, it may direct the 
Under-Graduate  Medical  Education  Board  or  the  Post-Graduate  Medical  Education  Board,  as  the  case 
may be, to include such medical qualification in the list maintained by that Board, in such manner as may 
be specified by the regulations. 

(7) Where  the  Commission  decides  not to  grant recognition  to  the  medical  qualification,  or fails  to 
take a decision within the specified period, the University or the medical institution concerned may prefer 
a second appeal to the Central Government within thirty days of the communication of such decision or 
lapse of specified period, as the case may be. 

(8) All medical qualifications which have been recognised before the date of commencement of this 
Act and are included in the First Schedule and Part I of the Third Schedule to the Indian Medical Council 
Act, 1956 (102 of 1956), shall also be recognised medical qualifications for the purposes of this Act, and 
shall  be  listed  and  maintained  by  the  Under-Graduate  Medical  Education  Board  or  the  Post-Graduate 
Medical Education Board, as the case may be, in such manner as may be specified by the regulations. 

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36.  Recognition  of  medical  qualifications  granted  by  medical  institutions  outside  India.—(1) 
Where an authority in any country outside India, which by the law of that country is entrusted with the 
recognition  of  medical  qualifications  in  that  country,  makes  an  application  to  the  Commission  for 
granting  recognition  to  such  medical  qualification  in  India,  the  Commission  may,  subject  to  such 
verification  as  it  may  deem  necessary,  either  grant  or  refuse  to  grant  recognition  to  that  medical 
qualification: 

Provided that  the  Commission shall  give  a  reasonable  opportunity  of being  heard  to such  authority 

before refusing to grant such recognition. 

(2)  A  medical  qualification  which  is  granted  recognition  by  the  Commission  under  sub-section  (1) 
shall be a recognised medical qualification for the purposes of this Act, and such qualification shall be 
listed and maintained by the Commission in such manner as may be specified by the regulations. 

(3)  Where  the  Commission  refuses  to  grant  recognition  to  the  medical  qualification  under  
sub-section  (1),  the  authority  concerned  may  prefer  an  appeal  to  the  Central  Government  against  such 
decision within thirty days of communication thereof. 

(4) All medical qualifications which have been recognised before the date of commencement of this 
Act  and  are  included  in  the  Second  Schedule  and  Part  II  of  the  Third  Schedule  to  the  Indian  Medical 
Council Act, 1956 (102 of 1956), shall also be recognised medical qualifications for the purposes of this 
Act, and shall be listed and maintained by the Commission in such manner as may be specified by the 
regulations. 

37. Recognition of medical qualifications granted by statutory or other body in India.—(1) The 
medical qualifications granted by any statutory or other body in India which are covered by the categories 
listed in the Schedule shall be recognised medical qualifications for the purposes of this Act. 

(2)  The  Diplomate  of  National  Board  in  broad-speciality  qualifications  and  superspeciality 
qualifications  when  granted  in  a  medical  institution  with  attached  hospital  or  in  a  hospital  with  the 
strength of five hundred or more beds, by the National Board of Examinations, shall be equivalent in all 
respects  to  the  corresponding  postgraduate  qualification  and  the  super-speciality  qualification  granted 
under this Act, but in all other cases, senior residency in a medical college for an additional period of one 
year shall be required for such qualification to be equivalent for the purposes of teaching also. 

(3) The Central Government may, on the recommendation of the Commission, and having regard to 
the  objects  of  this  Act,  by  notification,  add  to,  or,  as  the  case  may  be,  omit  from,  the  Schedule  any 
categories of medical qualifications granted by a statutory or other body in India and on such addition, or 
as the case may be, omission, the medical qualifications granted by such statutory or other body in India 
shall be, or shall cease to be, recognised medical qualifications for the purposes of this Act. 

38. Withdrawal of recognition granted to medical qualification granted by medical institutions 
in  India.—(1)  Where,  upon  receiving  a  report  from  the  Medical  Assessment  and  Rating  Board  under 
section 26, or otherwise, if the Commission is of the opinion that— 

(a)  the  courses  of  study  and  examination  to  be  undergone  in,  or  the  proficiency  required  from 
candidates  at  any  examination  held  by,  a  University  or  medical  institution  do  not  conform  to  the 
standards  specified  by  the Under-Graduate Medical  Education  Board  or  the  Post-Graduate  Medical 
Education Board, as the case may be; or 

(b)  the  standards  and  norms  for  infrastructure,  faculty  and  quality  of  education  in  medical 
institution  as  determined  by  the  Under-Graduate  Medical  Education  Board  or  the  Post-Graduate 
Medical  Education  Board,  as  the  case  may  be,  are  not  adhered  to  by  any  University  or  medical 
institution, and such University or medical institution has failed to take necessary corrective action to 

21 

 
maintain  specified  minimum  standards,  the  Commission  may  initiate  action  in  accordance  with  the 
provisions of sub-section (2): 

Provided that the Commission shall, before taking any action for suo motu withdrawal of recognition 
granted  to  the  medical  qualification  awarded  by  a  University  or  medical  institution,  impose  penalty  in 
accordance with the provisions of clause (f) of sub-section (1) of section 26. 

(2)  The  Commission  shall,  after  making  such  further  inquiry  as  it  deems  fit,  and  after  holding 
consultations  with  the  concerned  State  Government  and  the  authority  of  the  concerned  University  or 
medical institution, comes to the conclusion that the recognition granted to a medical qualification ought 
to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct 
the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case 
may be, to amend the entries against the University or medical institution concerned in the list maintained 
by that Board to the effect that the recognition granted to such medical qualification is withdrawn with 
effect from the date specified in that order. 

39.  Derecognition  of  medical  qualifications  granted  by  medical  institutions  outside  India.—
Where, after verification with the authority in any country outside India, the Commission is of the opinion 
that a recognised medical qualification which is included in the list maintained by it is to be derecognised, 
it  may,  by  order,  derecognise  such  medical  qualification  and remove  it  from  the  list  maintained  by  the 
Commission with effect from the date of such order. 

40.  Special  provision  in  certain  cases  for  recognition  of  medical  qualifications.—Where  the 
Commission  deems  it  necessary,  it  may,  by  an  order  published  in  the  Official  Gazette,  direct  that  any 
medical qualification granted by a medical institution in a country outside India, after such date as may be 
specified in that notification, shall be a recognised medical qualification for the purposes of this Act: 

Provided  that  medical  practice  by  a  person  possessing  such  qualification  shall  be  permitted  only  if 

such person qualifies National Exit Test. 

CHAPTER VII 

GRANTS, AUDIT AND ACCOUNTS 

41. Grants by Central Government.—The Central Government may, after due appropriation made 
by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Central 
Government may think fit. 

42.  National Medical  Commission Fund.—(1) There shall  be constituted  a fund  to  be  called  “the 
National Medical Commission Fund” which shall form part of the public account of India and there shall 
be credited thereto— 

(a)  all  Government  grants,  fees,  penalties  and  charges  received  by  the  Commission  and  the 

Autonomous Boards; 

(b) all sums received by the Commission from such other sources as may be decided by it. 

(2) The Fund shall be applied for making payment towards— 

(a) the salaries and allowances payable to the Chairperson and Members of the Commission, the 
Presidents  and  Members  of  the  Autonomous  Boards  and  the  administrative  expenses  including  the 
salaries  and  allowances  payable  to  the  officers  and  other  employees  of  the  Commission  and 
Autonomous Boards; 

(b) the expenses incurred in carrying out the provisions of this Act, including in connection with 

the discharge of the functions of the Commission and the Autonomous Boards. 

22 

 
43.  Audit  and  accounts.—(1)  The  Commission  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts in such form as may be prescribed, in consultation 
with the Comptroller and Auditor-General of India. 

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India 
at such intervals as may be specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Commission to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  persons  appointed  by  him  in 
connection with the audit of the accounts of the Commission shall have the same rights and privileges and 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of Government accounts and in particular, shall have the right to demand the 
production of, and complete access to, records, books, accounts, connected vouchers and other documents 
and papers and to inspect the office of the Commission. 

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or 
any  other  person  appointed  by  him  in  this  behalf,  together  with  the  audit  report  thereon,  shall  be 
forwarded annually by the Commission to the Central Government which shall cause the same to be laid, 
as soon as may be after it is received, before each House of Parliament. 

44.  Furnishing  of  returns  and  reports  to  Central  Government.—(1)  The  Commission  shall 
furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed 
or  as  the  Central  Government  may  direct,  such  reports  and  statements,  containing  such  particulars  in 
regard to any matter under the jurisdiction of the Commission, as the Central Government may, from time 
to time, require. 

(2)  The  Commission  shall  prepare,  once  every  year,  in  such  form  and  at  such  time  as  may  be 
prescribed, an annual report, giving a summary of its activities during the previous year and copies of the 
report shall be forwarded to the Central Government. 

(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as 

soon as may be after it is received, before each House of Parliament. 

CHAPTER VIII  

MISCELLANEOUS 

45. Power of Central Government to give directions to Commission and Autonomous Boards.—
(1)  Without  prejudice  to  the  foregoing  provisions  of  this  Act,  the  Commission  and  the  Autonomous 
Boards shall, in exercise of their powers and discharge of their functions under this Act, be bound by such 
directions  on  questions  of policy  as  the  Central  Government  may  give  in  writing  to  them  from  time  to 
time: 

Provided that the Commission and the Autonomous Boards shall, as far as practicable, be given an 

opportunity to express their views before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

46.  Power  of  Central  Government  to  give  directions  to  State  Governments.—The  Central 
Government may give such directions, as it may deem necessary, to a State Government for carrying out 
all or any of the provisions of this Act and the State Government shall comply with such directions. 

47. Information to be furnished by Commission and publication thereof.—(1) The Commission 
shall  furnish  such  reports,  copies  of  its  minutes,  abstracts  of  its  accounts,  and  other  information  to  the 
Central Government as that Government may require. 

23 

 
 
(2) The  Central  Government  may  publish, in  such  manner as it  may  think  fit,  the  reports,  minutes, 

abstracts of accounts and other information furnished to it under sub-section (1). 

48. Obligation of universities and medical institutions.—Every University and medical institution 
governed  under  this  Act  shall  maintain  a  website  at  all  times  and  display  on  its  website  all  such 
information as may be required by the Commission or an Autonomous Board, as the case may be. 

49.  Completion  of  courses  of  studies  in  medical  institutions.—(1)  Notwithstanding  anything 
contained in this Act, any student who was studying for a degree, diploma or certificate in any medical 
institution immediately before the commencement of this Act shall continue to so study and complete his 
course for such degree, diploma or certificate, and such institution shall continue to provide instructions 
and  examination  for  such  student  in  accordance  with  the  syllabus  and  studies  as  existed  before  such 
commencement, and such student shall be deemed to have completed his course of study under this Act 
and shall be awarded degree, diploma or certificate under this Act. 

(2) Notwithstanding anything contained in this Act, where recognition granted to a medical institution 
has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, 
such  medical  institution  shall  continue  to  maintain  and  provide  the  minimum  standards  required  to  be 
provided  under  this  Act  till  such  time  as  all  candidates  who  are  admitted  in  that  medical  institution 
complete their study. 

50.  Joint  sittings  of  Commission,  Central  Councils  of  Homoeopathy  and  Indian  medicine  to 
enhance interface between their respective systems of medicine.—(1) There shall be a joint sitting of 
the  Commission,  the  Central  Council  of  Homoeopathy  and  the  Central  Council  of  Indian  Medicine  at 
least  once  a  year,  at  such  time  and  place  as  they  mutually  appoint,  to  enhance  the  interface  between 
Homoeopathy, Indian Systems of Medicine and modern systems of medicine. 

(2) The agenda for the joint sitting may be prepared with mutual agreement between the Chairpersons 
of the Commission, the Central Council of Homoeopathy and the Central Council of Indian Medicine or 
be prepared separately by each of them. 

(3) The joint sitting referred to in sub-section (1) may, by an affirmative vote of all members present 
and voting, decide on approving specific educational modules or programmes that may be introduced in 
the  undergraduate  course  and  the  postgraduate  course  across  medical  systems  and  promote  medical 
pluralism. 

51. State Government to promote primary healthcare in rural areas.—Every State Government 
may,  for  the  purposes  of  addressing  or  promoting  primary  healthcare  in  rural  area,  take  necessary 
measures to enhance the capacity of the healthcare professionals. 

52.  Chairperson,  Members,  officers  of  Commission  and  of  Autonomous  Boards  to  be  public 
servants.—The  Chairperson,  Members,  officers  and  other  employees  of  the  Commission  and  the 
President, Members and officers and other employees of the Autonomous Boards shall be deemed, when 
acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within 
the meaning of section 21 of the Indian Penal Code 1860 (45 of 1860). 

53. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Government, the Commission or any Autonomous Board or a State Medical Council or any 
Committee  thereof,  or  any  officer  or  other  employee  of  the  Government  or  of  the  Commission  acting 
under this Act for anything which is in good faith done or intended to be done under this Act or the rules 
or regulations made thereunder. 

24 

 
 
54. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act 
except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the 
Ethics and Medical Registration Board or a State Medical Council, as the case may be. 

55.  Power  of  Central  Government  to  supersede  Commission.—(1)  If,  at  any  time,  the  Central 

Government is of opinion that— 

(a) the Commission is unable to discharge the functions and duties imposed on it by or under the 

provisions of this Act; or 

(b) the Commission has persistently made default in complying with any direction issued by the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under the provisions of this Act, 

the Central Government may, by notification, supersede the Commission for such period, not exceeding 
six months, as may be specified in the notification: 

Provided that before issuing a notification under this sub-section, the Central Government shall give a 
reasonable opportunity to the Commission to show cause as to why it should not be superseded and shall 
consider the explanations and objections, if any, of the Commission. 

(2) Upon the publication of a notification under sub-section (1) superseding the Commission,— 

(a) all the Members shall, as from the date of supersession, vacate their offices as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  Commission,  shall,  until  the  Commission  is  
re-constituted  under  sub-section  (3),  be  exercised  and  discharged  by  such  person  or  persons  as  the 
Central Government may direct; 

(c)  all  property  owned  or  controlled  by  the  Commission  shall,  until  the  Commission  is  

re-constituted under sub-section (3), vest in the Central Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under  

sub-section (1), the Central Government may,— 

(a) extend the period of supersession for such further term not exceeding six months, as it may 

consider necessary; or 

(b)  re-constitute  the  Commission  by  fresh  appointment  and  in  such  case  the  Members  who 
vacated  their  offices  under  clause  (a)  of  sub-section  (2)  shall  not  be  deemed  disqualified  for 
appointment: 

Provided  that  the  Central  Government  may,  at  any  time  before  the  expiration  of  the  period  of 
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, 
take action under clause (b) of this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any  action taken  under  this  section and the  circumstances  leading  to such  action  to  be laid  before both 
Houses of Parliament at the earliest opportunity. 

56. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the purposes of this Act. 

25 

 
 
 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner of appointing ten Members of the Commission on rotational basis from amongst 
the nominees of the States and Union territories in the Medical Advisory Council under clause (b) of 
sub-section (4) of section 4; 

(b) the manner of appointing nine members of the Commission under clause (c) of sub-section (4) 

of section 4; 

(c)  the  manner  of  nominating  one  expert  by  the  Central  Government  under  clause  (c)  of  

sub-section (1) of section 5; 

(d)  the  salary  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of  the 

Chairperson and Members under sub-section (4) of section 6; 

(e) the form and the manner of making declaration under sub-section (6) of section 6; 

(f) the qualifications and experience to be possessed by the Secretary of the Commission under 

sub-section (2) of section 8; 

(g)  the  salaries  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of  the 

Secretary, officers and other employees of the Commission under sub-section (6) of section 8; 

(h)  the  other  powers  and  functions  of  the  Commission  under  clause  (j)  of  sub-section  (1)  of 

section 10; 

(i)  the  medical  qualification  and  experience  to  be  possessed  by  a  member  under  the  second 

proviso to section 11; 

(j) the manner of choosing part-time Members under sub-section (5) of section 17; 

(k)  the  salary  and  allowances  payable  to,  and  other  terms  and  conditions  of  service  of  the 
President and Members of an Autonomous Board under sub-section (2), and the allowances payable 
to part-time Members under the proviso thereunder, of section 19; 

(l) the other factors under clause (d) of section 29; 

(m)  the  manner  of  submitting  a  list  of  medical  professionals  under  the  first  proviso  to  

sub-section (1) of section 34; 

(n) the form for preparing annual statement of accounts under sub-section (1) of section 43; 

(o) the time within which, and the form and the manner in which, the reports and statements shall 
be furnished by the Commission and the particulars with regard to any matter as may be required by 
the Central Government under sub-section (1) of section 44; 

(p) the form and the time for preparing annual report under sub-section (2) of section 44; 

(q) any other matter in respect of which provision is to be made by rules. 

57.  Power  to  make  regulations.—(1)  The  Commission  may,  after  previous  publication,  by 
notification,  make  regulations  consistent  with  this  Act  and  the  rules  made  thereunder  to  carry  out  the 
provisions of this Act. 

26 

 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the functions to be discharged by the Secretary of the Commission under sub-section (4) of 

section 8; 

(b)  the  procedure  in  accordance  with  which  experts  and  professionals  may  be  engaged  and  the 

number of such experts and professionals under sub-section (7) of section 8; 

(c)  the  procedure  to  be  followed  at  the  meetings  of  Commission,  including  the  quorum  at  its 

meetings under sub-section (3) of section 9; 

(d)  the  quality  and  standards  to  be  maintained  in  medical  education  under  clause  (a)  of  

sub-section (1) of section 10; 

(e) the  manner  of regulating  medical  institutions,  medical  researches  and  medical  professionals 

under clause (b) of sub-section (1) of section 10; 

(f) the manner of functioning of the Commission, the Autonomous Boards and the State Medical 

Councils under clause (d) of sub-section (1) of section 10; 

(g) the procedure to be followed at the meetings of the Medical Advisory Council, including the 

quorum at its meetings under sub-section (3) of section 13; 

(h) the other languages in which and the manner in which the National Eligibility-cum-Entrance 

Test shall be conducted under sub-section (2) of section 14; 

(i)  the  manner  of  conducting  common  counselling  by  the  designated  authority for  admission to 
the  undergraduate  and  postgraduate  super-speciality  medical  education  under  sub-section  (3)  of 
section 14; 

(j)  the  designated  authority,  and  the  manner  for  conducting  the  National  Exit  Test  under  

sub-section (2) of section 15; 

(k) the manner in which a person with foreign medical qualification shall qualify National Exit 

Test under sub-section (4) of section 15; 

(l) the manner in which admission to the postgraduate broad-speciality medical education shall be 

made on the basis of National Exit Test under sub-section (5) of section 15; 

(m) the manner of conducting common counselling by the designated authority for admission to 

the postgraduate broad-speciality medical education under sub-section (6) of section 15; 

(n)  the  number  of,  and  the  manner  in  which,  the  experts,  professionals,  officers  and  other 

employees shall be made available by the Commission to the Autonomous Boards under section 21; 

(o) the curriculum at undergraduate level under clause (b) of sub-section (1) of section 24; 

(p) the curriculum for primary medicine, community medicine and family medicine under clause 

(c) of sub-section (1) of section 24; 

(q)  the  manner  of  imparting  undergraduate  courses  by  medical  institutions  under  clause  (d)  of 

sub-section (1) of section 24; 

(r)  the  minimum  requirements  and  standards  for  conducting  courses  and  examinations  for 

undergraduates in medical institutions under clause (e) of sub-section (1) of section 24; 

27 

 
 
(s) the standards and norms for infrastructure, faculty and quality of education at undergraduate 

level in medical institutions under clause (f) of sub-section (1) of section 24; 

(t)  the  standards  of  medical  education  at  the  postgraduate  level  and  superspeciality  level  under 

clause (a) of sub-section (1) of section 25; 

(u)  the  curriculum  at  postgraduate  level  and  super-speciality  level  under  clause  (b)  of  

sub-section (1) of section 25; 

(v)  the  manner  of  imparting  postgraduate  and  super-speciality  courses  by  medical  institutions 

under clause (c) of sub-section (1) of section 25; 

(w)  the  minimum  requirements  and  standards  for  conducting  postgraduate  and  super-speciality 

courses and examinations in medical institutions under clause (d) of sub-section (1) of section 25; 

(x)  the  standards  and  norms  for  infrastructure,  faculty  and  quality  of  education  in  medical 
institutions  conducting  postgraduate  and  super-speciality  medical  education  under  clause  (e)  of  
sub-section (1) of section 25; 

(y)  the  procedure  for  assessing  and  rating  the  medical  institutions  under  clause  (a)  of  

sub-section (1) of section 26; 

(z)  the  manner  of  carrying  out  inspections  of  medical  institutions  for  assessing  and  rating  such 

institutions under clause (c) of sub-section (1) of section 26; 

(za)  the  manner  of  conducting,  and  the  manner  of  empanelling  independent  rating  agencies  to 
conduct,  assessment  and  rating  of  medical  institutions  under  clause  (d)  of  sub-section  (1)  of  
section 26; 

(zb) the manner of making available on website or in public domain the assessment and ratings of 

medical institutions under clause (e) of sub-section (1) of section 26; 

(zc) the measures to be taken against a medical institution for its failure to maintain the minimum 

essential standards under clause (f) of sub-section (1) of section 26; 

(zd) the manner of regulating professional conduct and promoting medical ethics under clause (b) 

of sub-section (1) of section 27; 

(ze)  the  form  of  scheme,  the  particulars  thereof,  the  fee  to  be  accompanied  and  the  manner  of 
submitting scheme for establishing a new medical college or for  starting any postgraduate course or 
for increasing number of seats under sub-section (2) of section 28; 

(zf)  the  manner  of  making  an  appeal  to  the  Commission  for  approval  of  the  scheme  under  

sub-section (5) of section 28; 

(zg) the areas in respect of which criteria may be relaxed under the proviso to section 29; 

(zh)  the  manner  of  taking  disciplinary  action  by  a  State  Medical  Council  for  professional  or 
ethical misconduct of registered medical practitioner or professional and the procedure for receiving 
complaints  and  grievances  by  Ethics  and  Medical  Registration  Board,  under  sub-section  (2)  of  
section 30; 

(zi) the act of commission or omission which amounts to professional or ethical misconduct under 

clause (b) of the Explanation to section 30; 

(zj) other particulars to be contained in a National Register under sub-section (1) of section 31; 

28 

 
 
(zk) the form, including the electronic form and the manner of maintaining the National Register 

under sub-section (2) of section 31; 

(zl)  the  manner  in  which  any  name  or  qualification  may  be  added  to,  or  removed  from,  the 

National Register and the grounds for removal thereof, under sub-section (3) of section 31; 

(zm)  the  form  and  manner  in  which  the  National  Register  for  registering  Community  Health 

Provider is to be maintained under sub-section (8) of section 31; 

(zn) the criteria for granting limited licence to practice medicine under sub-section (1) of section 

32; 

(zo) the extent, the circumstances and the period under sub-section (2) of section 32; 

(zp)  the  manner  of  listing  and  maintaining  medical  qualifications  granted  by  a  University  or 

medical institution in India under sub-section (1) of section 35; 

(zq)  the  manner  of  examining  the  application  for  grant  of  recognition  under  sub-section  (3)  of 

section 35; 

(zr)  the  manner  of  preferring  an  appeal  to  the  Commission  for  grant  of  recognition  under  

sub-section (5) of section 35; 

(zs)  the  manner  of  including  a  medical  qualification  in  the  list  maintained  by  the  Board  under  

sub-section (6) of section 35; 

(zt)  the  manner  of  listing  and  maintaining  medical  qualifications  which  have  been  granted 

recognition before the date of commencement of this Act under sub-section (8) of section 35. 

58.  Rules and  regulations  to  be laid  before Parliament.—Every  rule and  every  regulation  made, 
and every notification issued, under this Act shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in  the  rule  or  regulation  or  notification;  both  Houses  agree  that  the  rule  or  regulation  or  notification 
should not be made, the rule or regulation or notification shall thereafter have effect only in such modified 
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be 
without prejudice to the validity of anything previously done under that rule or regulation or notification. 

59. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not  inconsistent  with  the  provisions  of  this  Act,  as  may  appear  to  it  to  be  necessary,  for  removing  the 
difficulty: 

Provided that no order shall be made under this section after the expiry of a period of two years from 

the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

60. Repeal and saving.—(1) With effect from such date as the Central Government may appoint in 
this  behalf,  the  Indian  Medical  Council  Act,  1956  (102  of  1956)  shall  stand  repealed  and  the  Medical 
Council of India constituted under sub-section (1) of section 3 of the said Act shall stand dissolved. 

(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,— 

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or 

29 

 
 
(b)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  the  Act  so 

repealed; or 

(c) any penalty incurred in respect of any contravention under the Act so repealed; or 

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty 
as aforesaid, and any such proceeding or remedy may be  instituted, continued or enforced, and any 
such penalty may be imposed as if that Act had not been repealed. 

(3) On the dissolution of the Medical Council of India, the person appointed as the Chairman of the 
Medical  Council  of  India  and  every  other  person  appointed  as  the  Member  and  any  officer  and  other 
employee  of  that  Council  and  holding  office  as  such  immediately  before  such  dissolution  shall  vacate 
their respective offices and such Chairman and other Members shall be entitled to claim compensation not 
exceeding three months' pay and allowances for the premature termination of term of their office or of 
any contract of service: 

Provided that any officer or other employee who has been, immediately before the dissolution of the 
Medical Council of India appointed on deputation basis to the Medical Council of India, shall, on such 
dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be: 

Provided further that any officer or other employee who has been, immediately before the dissolution 
of  the  Medical  Council  of  India,  employed  on  regular  or  contractual  basis  by  the  Medical  Council  of 
India, shall, on and from such dissolution, cease to be the officer or employee of the Medical Council of 
India and his employment in the Medical Council of India stand terminated with immediate effect: 

Provided also that such officer or employee of the Medical Council of India shall be entitled to such 
compensation for the premature termination of his employment, which shall not be less than three months' 
pay and allowances, as may be prescribed. 

(4)  Notwithstanding  the  repeal  of  the  aforesaid  enactment,  any  order  made,  any  licence  to  practice 
issued,  any  registration  made,  any  permission  to  start  new  medical  college  or  to  start  higher  course  of 
studies  or  for  increase  in  the  admission  capacity  granted,  any  recognition  of  medical  qualifications 
granted, under the Indian Medical Council Act, 1956 (102 of 1956), which are in force as on the date of 
commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if 
they  had  been  issued  or  granted  under  the  provisions  of  this  Act  or  the  rules  or  regulations  made 
thereunder. 

61.  Transitory  provisions.—(1)  The  Commission  shall  be  the  successor  in  interest  to  the  Medical 
Council of India including its subsidiaries or owned trusts and all the assets and liabilities of the Medical 
Council of India shall be deemed to have been transferred to the Commission. 

(2)  Notwithstanding  the  repeal  of  the  Indian  Medical  Council  Act,  1956  (102  of  1956),  the 
educational standards, requirements and other provisions of the Indian Medical Council Act, 1956 and the 
rules  and  regulations  made  thereunder  shall  continue  to  be  in  force  and  operate  till  new  standards  or 
requirements are specified under this Act or the rules and regulations made thereunder: 

Provided  that  anything  done  or  any  action  taken  as  regards  the  educational  standards  and 
requirements  under  the  enactment  under  repeal  and  the  rules  and  regulations  made  thereunder  shall  be 
deemed to have been done or taken under the corresponding provisions of this Act and shall continue in 
force accordingly unless and until superseded by anything done or by any action taken under this Act. 

30 

 
 
 
 
THE SCHEDULE 

[See section 37] 

LIST OF CATEGORIES OF MEDICAL QUALIFICATIONS GRANTED BY STATUTORY BODY 
OR OTHER BODY IN INDIA 

Sl. No.  Categories of medical qualifications  

1. 

2. 

3. 

4.  

All medical qualifications granted by the Jawaharlal Institute of Postgraduate 
MedicalEducation and Research, Puducherry. 

All medical qualifications granted by All India Institutes of Medical Sciences. 

All medical qualifications granted by the Postgraduate Institute of Medical Education and 
Research, Chandigarh. 

All medical qualifications granted by the National Institute of Mental Health and Neuro-
Sciences, Bangalore. 

5. 

All medical qualifications granted by the National Board of Examination. 

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